DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION, REASONS FOR DECISION AND ORDER
IN THE MATTER OF the Ontario College of Teachers Act, 1996 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against
Leonard Arend Tad Haviland Librande, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
LEONARD AREND TAD HAVILAND LIBRANDE (REGISTRATION #525512)
PANEL: Yasser Leheta, OCT, Chair Alain Martel, OCT Marlène Marwah
HEARD: March 7, 2023
Yufei (Fiona) Wang, for the Ontario College of Teachers
No one appearing for Leonard Arend Tad Haviland Librande
Renée Kopp, Independent Legal Counsel
PUBLICATION BAN: Pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996, no person shall publish the identity of, or any information that could disclose the identity of any person who is under 18 years old and is a witness in a hearing or is the subject of evidence in a hearing.
By order of Justice of the Peace W. Rojek of the Ontario Court of Justice, there is also a publication ban on any information that could identify the victim or a witness in this matter, pursuant to subsection 486.4 of the Criminal Code.
1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on March 7, 2023, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2Leonard Arend Tad Haviland Librande (the “Member”) did not attend the hearing and did not have legal representation. The Panel was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.
A. PUBLICATION ban
3The Panel ordered a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996 (the “Act”), which makes such an order mandatory. Accordingly, no person shall publish the identity of, or any information that could disclose the identity of, any person who is under 18 years old and is a witness in a hearing or is the subject of evidence in a hearing.
4The Panel also received a certified copy of the Court Information as well as transcripts from the Member’s prior criminal proceedings before the Ontario Court of Justice, which indicate that Justice of the Peace W. Rojek made an order on August 6, 2021 restricting publication pursuant to section 486.4 of the Criminal Code of Canada (Exhibit 2 at Appendix B, F and G). The Panel is required to uphold this publication ban. Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.
B. THE ALLEGATIONS
5The allegations against the Member in the Notice of Hearing dated November 2, 2022 (Exhibit 1) are as follows:
IT IS ALLEGED that Leonard Arend Tad Haviland Librande is guilty of professional misconduct as defined in the Act in that:
(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) he contravened a law, the contravention of which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);
(c) he committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18);
(d) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19); and
(e) he engaged in a prohibited act involving child pornography as defined in section 1 of the Act.
C. AGREED STATEMENT OF FACTS
6College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:
Leonard Arend Tad Haviland Librande is a member of the Ontario College of Teachers.
The Member obtained a certificate of qualification and registration on June 11, 2008. On May 28, 2021, the Member’s membership status with the College was changed to “Inactive/Non-Practising.” Attached hereto and marked as Appendix “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed by the Halton Catholic District School Board as a teacher at St. Francis of Assisi Catholic Elementary School in Georgetown, Ontario.
In or about 2016, Student 1 was a [XXX]-year-old female student. Student 1 is the Member’s [XXX].
In or about February and May 2020, Guelph Police Service (the “Police”) received information that a device at a specific IP address had uploaded two videos that met the definition of child pornography to a website. Based on this information, on June 10, 2020, the Police executed a search warrant to the Member’s residence. Evidence of child pornography was found on a device that belonged to the Member. The Police seized multiple electronic devices.
The Member was arrested on June 10, 2020. On or about June 16, 2020, the Member was charged with five child pornography-related offences under the Criminal Code (Canada) (the “Code”).
The Police identified the following content on the Member’s devices:
(a) 13,000 images of child pornography;
(b) 2,300 videos of child pornography;
(c) four videos of Student 1 in the bathroom which were taken from a hidden camera in July 2016; and
(d) images where Student 1’s face had been photoshopped onto the bodies of naked females who were engaging in sexual acts with adults.
- On or about September 9, 2020, the original charges were withdrawn and a new Information was issued. The Member was charged with:
(a) Between the 24^th^ day of July in the year 2016 and the 26^th^ day of July in the year 2016 at the City of Guelph in the said Region, did for a sexual purpose surreptitiously make a visual recording of a person, who was in circumstances that gave rise to a reasonable expectation of privacy, to wit; inside a washroom, contrary to section 162(1) of the Code (count 1);
(b) Between the 24^th^ day of July in the year 2016 and the 26^th^ day of July in the year 2016 at the City of Guelph in the said Region, did make or print or publish or have in his possession for the purpose of publication child pornography to wit; digital files contrary to section 163.1(2) of the Code (count 2);
(c) Between the 1^st^ day of January in the year 2014 and the 31^st^ day of December in the year 2019 at the City of Guelph in the said Region, did make or print or publish or have in his possession for the purpose of publication child pornography to wit; digital files contrary to section 163.1(2) of the Code (count 3);
(d) On or about the 18^th^ day of January in the year 2020 at the City of Guelph in the said Region, did have in his possession child pornography to wit; digital files, contrary to section 163.1(4) of the Code (count 4);
(e) On or about the 18^th^ day of January in the year 2020 at the City of Guelph in the said Region, did make child pornography available, to wit; digital files, contrary to section 163.1(3) of the Code (count 5);
(f) Between the 18^th^ day of January in the year 2020 and the 23^rd^ day of April in the year 2020 at the City of Guelph in the said Region, did unlawfully access child pornography to wit; digital files, contrary to section 163.1(4.1) of the Code (count 6);
(g) On or about the 23^rd^ day of April in the year 2020 at the City of Guelph in the said Region, did have in his possession child pornography to wit; digital files, contrary to section 163.1(4) of the Code (count 7); and
(h) On or about the 23^rd^ day of April in the year 2020 at the City of Guelph in the said Region, did make child pornography available, to wit; digital files, contrary to section 163.1(3) of the Code (count 8).
On January 28, 2022, the Member pleaded guilty to and was convicted of one count of voyeurism (count 1), two counts of making child pornography (counts 2-3) and one count of distribution of child pornography (count 5). The remaining four charges were withdrawn at the request of the Crown.
On January 28, 2022, the Member was sentenced to a period of incarceration of two years less one day, concurrent on each of the convictions, followed by two years’ probation. The court also imposed the following conditions which are relevant to the Member’s eligibility to teach for a period of ten years:
(a) The Member is prohibited from attending at a public park or a public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, school ground, playground or community centre;
(b) The Member is prohibited from seeking, obtaining or continuing any employment, whether or not the employment is renumerated [sic], or becoming or being a volunteer in a capacity that involves being in a position of trust or authority towards persons under the age of 16 years; and
(c) The Member is prohibited from having any contact, including communicating by any means, with a person who is under the age of 16 years, unless the Member does so under the supervision of a person whom the court considers appropriate.
The Member was also made the subject to a number of ancillary orders.
The Member did not appeal his conviction or sentence and the time for an appeal has expired.
Attached hereto and marked as Appendix “B” is a certified copy of the Court Information, appearances, and disposition in the criminal proceeding.
Attached hereto and marked as Appendix “C” is a certified copy of an Adult Probation Order, dated January 28, 2022.
Attached hereto and marked as Appendix “D” is a certified copy of a Prohibition Order, dated January 28, 2022.
Attached hereto and marked as Appendix “E” is a certified copy of an Order of Forfeiture, dated January 28, 2022.
Attached hereto and marked as Appendix “F” is a certified transcript of the Excerpt of Proceedings (Arraignment, Plea and Summary of Facts) remotely before the Honourable Justice D. Carr on January 28, 2022, at Guelph, Ontario.
Attached hereto and marked as Appendix “G” is a certified transcript of the Reasons for Sentence remotely before the Honourable Justice D. Carr on January 28, 2022, at Guelph, Ontario.
GUILTY PLEA
By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1-18 above (the “Admitted Facts”).
The Member hereby acknowledges that the conduct set out at paragraphs 5-11 and 13-18 of the Admitted Facts constitutes professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly that he engaged in a prohibited act involving child pornography as defined in section 1 of the Ontario College of Teachers Act, 1996 and breached Ontario Regulation 437/97 subsections 1(5), 1(16), 1(18) and 1(19).
By this document the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to prove the case against him and the right to have a hearing;
(d) he understands that the Discipline Committee’s decision and reasons shall be published on the College’s website, and that a summary of the Discipline Committee’s decision and reasons, including his name, shall be published in the official publication of the College;
(e) he understands that any agreement between him and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this agreement voluntarily, unequivocally, and having had the opportunity to obtain the advice of legal counsel.
- In light of the Admitted Facts and circumstances and the plea of guilt, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
D. DECISION
7Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on March 7, 2023 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(16), 1(18) and 1(19). The Member also engaged in a prohibited act involving child pornography as defined in section 1 of the Act.
E. REASONS FOR DECISION
8The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 18 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against him. He acknowledged and the Panel accepts that the conduct set out at paragraphs 5 to 11 and 13 to 18 of the Admitted Facts constitutes professional misconduct under the heads of misconduct set out above. The Police identified the following content on the Member’s devices: 13,000 images of child pornography; 2,300 videos of child pornography; four videos of Student 1 in the bathroom which were taken from a hidden camera; and images where Student 1’s face had been photoshopped on the bodies of naked women engaging in sexual acts. As a result, in his prior criminal proceedings, the Member pleaded guilty to and was convicted of one count of voyeurism, two counts of making child pornography and one count of distribution of child pornography.
9The Member engaged in a prohibited act of child pornography as defined in subsection 1(1) of the Act (i.e., any act prohibited under section 163.1 of the Code). The Admitted Facts indicate that the Member was convicted under subsections 163.1(2) and 163.1(3) of the Code, which therefore gives rise to a finding under section 1 of the Act.
10The Admitted Facts demonstrate that the Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5). The Panel accepts College Counsel’s submission that the nature of the misconduct committed by the Member is so notorious and offside of what is acceptable that expert evidence regarding the standards is not required to prove that the standards were breached.1 It is a clear breach of the standards of the profession for a teacher to make and distribute child pornography, thereby contributing to an illicit industry that thrives on the exploitation and abuse of children.
11The Member contravened a law which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16). The Admitted Facts demonstrate that the Member contravened subsections 162(1), section 163.1(2) and section 163.1(3) of the Code. The Member’s convictions on one count of voyeurism, two counts of making child pornography, and one count of distribution of child pornography are clearly relevant to his suitability to hold a certificate of qualification and registration. Members of the teaching profession hold a unique position of authority and are entrusted with the safety and well-being of children. Those who engage in criminal activities that objectify and exploit children and that perpetuate the cycle of abuse (including sexual abuse) against children, as the Member did through his participation in the child pornography industry, are certainly not suited to the profession of teaching and should not have access to children through their membership in the teaching profession. The prohibition and ancillary orders imposed by the court also affirm the Member’s unsuitability as a member of the teaching profession, as these orders significantly limit the contact that the Member may have with persons under 16 years of age.
12The Member committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonorable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18). The Member’s misconduct was abhorrent and demonstrated significant moral failings. The number of images and videos of child pornography found by Police on the Member’s devices was staggering. The Member’s invasion of Student 1’s privacy was disturbing. The Member’s complete lack of moral and professional judgment, by contributing to the child pornography industry as a member of teaching profession, would therefore reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
13The Member’s egregious conduct which led to his criminal convictions is also unbecoming a member, contrary to subsection 1(19) of Ontario Regulation 437/97. Public confidence in teachers, and the teaching profession as a whole, is eroded when members are criminally convicted for making and distributing child pornography, among other criminal offences.
F. PENALTY DECISION
14The parties entered into a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on March 7, 2023, the Panel accepted the Joint Submission on Penalty and made the following order:
The Member is directed to receive a written reprimand, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers; and
The Registrar of the Ontario College of Teachers is directed to immediately revoke the certificate of qualification and registration of the Member.
G. REASONS FOR PENALTY DECISION
15The Member’s professional misconduct consisted of or included a prohibited act involving child pornography, as described in subsection 30.2(2) of the Act. Given this finding, section 30.2(1) of the Act provides that the Panel must make an order: (1) requiring that the Member be reprimanded by the Panel; and (2) directing the Registrar to revoke the Member’s certificate of qualification and registration. The Panel makes both of these orders and notes that it has no discretion in this regard. With respect to the form of the reprimand, the Panel accepts that a written reprimand is appropriate in the circumstances of this case and given the parties’ agreement.
16The Panel recognizes that it may also order costs or a fine in accordance with subsection 30(5) of the Act but notes that the parties are jointly asking it to confine its order to the mandatory ones. The Panel finds it reasonable not to make these additional orders in light of the Member’s guilty plea and joint submission on penalty, particularly given the high threshold that must be met before rejecting a joint submission on penalty.
17The Panel denounces the Member’s misconduct in the strongest terms.
Date: March 8, 2023
Yasser Leheta, OCT Chair, Discipline Panel
Alain Martel, OCT Member, Discipline Panel
Marlène Marwah Member, Discipline Panel
Footnotes
- Novick v. Ontario College of Teachers, 2016 ONSC 508 at para. 71.